Is Second Marriage Valid While Divorce Is Pending ?

It is a well-known fact that bigamy or polygamy is not allowed as per the Hindu Law and the person taking another spouse while still being legally married to another person would be punished in case the aggrieved spouse files a complaint.

Polygamy refers to having various spouses, while in a situation where a male has multiple wives such practice would be called as polygyny. With the implementation of the Hindu Marriage Act, 1955, polygamy has been deemed forbidden amongst the Hindus in India.

Polygamy is rendered forbidden as well as unlawful for a Hindu or someone who has embraced Hinduism. Hence, a Hindu cannot have two spouses at the same time, if he/she does so, then the second wife or husband will be regarded as illegitimate.

As provided under the Hindu Marriage Act, 1955, the first spouse has the right to initiate legal proceedings against the wrongdoer. For further information on the subject it is advised to seek guidance from experienced divorce lawyers in Gurgaon or divorce lawyers in Delhi.

Polygamy as per the Hindu Law-

With the introduction of the Hindu Marriage Act, 1955, polygamy has been abolished as well as criminalised. Monogamy is the only option allowed to the Hindus. Through the Act, it has been made explicit that a Hindu spouse can not marry until the first marriage has been terminated, either by a divorce or the death of the spouse.

Provisions of Law-

• As per Section 11 of the Hindu Marriage Act, 1955, polygamous marriages amongst Hindus are void, hence monogamous marriages have been mandated among them.

• Section 17 of the Act would provide for punishment in case someone performs polygamous marriages.

• Also, under Sections 494 and Section 495 of the IPC, polygamous marriages have been defined as criminal offences.

Hence, as provided under Sections 5, 11 and 17 of the Act, bigamous or polygamous marriages are criminal offences.

Section 5 of the Hindu Marriage Act, 1955

As has already been mentioned above, the Act of 1955 prohibits polygamy amongst the Hindus. The provision under Section 5 of the Act provides that neither party of the marriage would have a spouse living at the time of marriage. The language of provision explicitly proves that polygamy in the Hindus is not allowed as per the Act.

Essential Conditions to constitute Bigamy or Polygamy

In order to constitute the crime of bigamy, following conditions are required to be fulfilled-

• Existence of a previous marriage- if it has been proved that either of the parties to the marriage were previously married at the time the marriage in question was solemnised and the previous spouse was still alive, then in such a situation, the second marriage would be a criminal offence. If the first marriage was legally valid, then the second marriage would be void and in case the previous marriage was invalid, then the second marriage would not amount to the offence of bigamy.

• In order to prove that a second marriage constituted the crime of bigamy, it is necessary that the second marriage was completed after following the proper procedure for marriage. If the second marriage so solemnised was invalid, it shall not amount to bigamy.

• It is necessary for the offence of bigamy to be constituted, that the spouse from the previous marriage must be alive, and should be a legally wedded spouse at the time of the second marriage.

Exceptions-

The solemnisation of the second marriage would not be a crime as per the HMA, if-

• The first marriage has been declared void by the competent judicial authority

• If the first husband or wife have been absent for a continuous period of seven years from the life of their spouse, then in such a situation the second marriage shall not constitute the offence of bigamy if at the time of second marriage the he/she has informed the other partner of their first marriage.

• In case the first marriage has been dissolved by divorce.

What about the validity of the Second marriage in case the divorce for the previous marriage is still pending ?

The Supreme Court in a recent judgement has clarified that a second marriage will be valid even if divorce proceedings of the first marriage are pending in the court, provided that both parties from the first marriage have amicably parted their ways and have decided not to contest the decision.

The Apex Court further observed that the Hindu marriage Act is a social welfare legislation and therefore, cannot be interpreted as if the laws have been cast in stone.

Conclusion

It can be inferred from the above discussion that bigamy or polygamy are criminal offences as provided by the Hindu Law. If you need free legal advice or wish to talk to a lawyer online for matter related to legal provisions such as the topic of contested divorce in India.

You may contact us at Lead India, as we offer you a team of experienced advocates who have years long experience of dealing the same cases and could successfully handle cases related to family law or criminal law.

SOURCE:-

Visit us: — https://www.leadindia.law

Call Us: +91–8800788535

Email: care@leadindia.law

YouTube: — https://www.youtube.com/c/LeadIndiaLawAssociates

Facebook: — https://www.facebook.com/leadindialaw

LinkedIn: — https://www.linkedin.com/company/76353439

Twitter: — https://twitter.com/leadindialaw

Pinterest: — https://in.pinterest.com/lawleadindia

Instagram: - https://www.instagram.com/leadindialawofficial

Contested divorce in India,Divorce lawyer in Gurgaon,Divorce lawyers in Delhi